title
DISCUSSION OF PLANNING COMMISSIONER MEMBERSHIP
recommendation
RECOMMENDATION
It is recommended that City Council discuss and provide guidance on membership eligibility for Planning Commissioners currently serving.
.body
Summary
Due to the redistricting process that took place in 2021, Planning Commissioner, Xavier Mountain, representing City Council District formally identified as 5 was drawn out of the boundary. His new territory is now identified as City Council District 6. His term of service is set to end January 31, 2023. Before you this evening is a request for guidance on how to proceed in resolving this matter.
DISCUSSION
Background
Charter Article XXIV requires that each Councilmember nominate a candidate from the district he/she represents to sit on the Planning Commission and the City Council ratifies the appointments. The term of office is four-years and may be reappointed for a second term but may not serve more than two consecutive terms.
Present Situation
The issue was raised that Planning Commissioner Xavier Mountain was no longer residing City Council District 5 and was effectively drawn out of the district. The argument is that he is now ineligible to serve. However, in 2011 the City faced a similar situation. Former Planning Commissioner Antonio Garcia, who represented City Council District 3 was drawn out of the district following the 2010 census and redistricting process. Mr. Garcia’s territory was reassigned to City Council District 4. At the time, the issue was presented to the former City Attorney and City Clerk. After discussion, the resolution was to allow Mr. Garcia to remain in office until the completion of his term.
Currently, under the provisions of California Elections Code 21626 only officials who have been elected into office and hold an unexpired term are not affected by any change in the boundaries of the district from which the Councilmember was elected. The election code is silent to appointed officials, thus falling back to the City’s Charter Article XXIV City Planning Commission, Section 2400 Appointment of members; Terms of Office which states that each City Councilmember shall select a candidate from the district which the Councilmember has been elected to. The same Section states that any member of the Commission may be removed for cause by a majority vote of the City Council.
After conversation with the seated Planning Commissioner, the appointing Councilmember and City Attorney, it has been determined that the logical next step is to have an inclusive conversation by all Councilmembers with direction to staff on how to proceed.
FINANCIAL SUMMARY
There is no financial impact to the General Fund from the appointment of Planning Commissioners. Planning Commissioners receive a $25 per meeting stipend and sufficient funding is available in account 048-1810-510 (Community Development).